A nova lei de improbidade administrativa e o requisito do elemento subjetivo na conduta: análise da aplicação da lei 14.230/2021 e de sua inovação legislativa no combate aos atos ímprobos

Abstract

This work focuses on analyzing the changes introduced by Law No. 14,230/2021 to the Administrative Improbity Law (Law No. 8,429/1992), particularly regarding the requirement of intent (dolo) as an essential element for the configuration of administrative acts of improbity. The main objective of the research is to investigate the impacts of the new legislation on the accountability system, analyzing the requirement of specific intent in the conduct of public agents and the practical effects of this change, especially in light of the Federal Supreme Court's decision in Theme 1.199. The study also aims to assess the constitutional adequacy of the new law and discuss its effects on ongoing and future legal proceedings. The research adopts a qualitative approach, using a deductive method and an exploratory-descriptive character. Document and case law analysis were employed, especially of Law No. 14,230/2021 and decisions by the Federal Supreme Court, in addition to a bibliographic review of specialized legal doctrine. The results indicate that the requirement of intent to configure acts of improbity limits the accountability of conduct previously covered under negligence, which has significantly affected the number of filed lawsuits. It was also observed the strengthening of instruments such as the Non-Prosecution Agreement (Acordo de Não Persecução Cível) and prior notification as mechanisms for procedural streamlining and effectiveness. The study concludes that the new law represents a significant milestone in the evolution of administrative sanctioning law by aligning improbity with the principles of legality and legal certainty. However, it raises concerns about the potential for impunity and the difficulty of proving intent. The implementation of integrity programs and risk management strategies is suggested as complementary tools for prevention and qualified accountability of public agents.